Judging from the object of prosecution, it is generally a case with less serious nature and less social harm.
As far as the procedure is concerned, the victim and his close relatives have assumed the function of accusation. Not the prosecutor's office. There is no independent review and prosecution stage in this case, which is similar to the prosecution of civil litigation. The procedure generally has a clear defendant, the case is clear, the procedure is relatively simple, and no special means of obtaining evidence and investigation measures are needed. This can be used as a traceability function that the world is also qualified for. His duty is to deal with cases at short notice.
The examination organ can only accept the complaints made by the victims or their legal representatives. This kind of cases are clearly defined by the elements of criminal law and divided into four types. Insult, slander, violence, interference with freedom of marriage, abuse and occupation. Article 98 of the Criminal Law stipulates that if the victim is unable to inform the inspection organ because of the threat of coercion, it will be handled only after being informed.
Procuratorial organs and close relatives of victims can also distinguish.
Small case. This kind of case is not serious in nature and belongs to intentional injury.
Illegal infringement of residential communication freedom, bigamy, abandonment, manufacturing and selling fake and shoddy goods, and infringement of intellectual property rights. Acts punishable by fixed-term imprisonment of not more than three years or deprivation of property rights shall be investigated for criminal responsibility according to law. The public security organ or the procuratorial organ shall not investigate the criminal responsibility of the defendant. In the case of transferring public prosecution to private prosecution, the victim has evidence to prove that he has violated the defendant's life and property rights.
The victim has evidence to prove that the defendant violated his personal rights and property rights. The defendant should be investigated for criminal responsibility according to law.
The public security organs shall not pursue the defendants, close relatives or victims who have been directly infringed by criminal acts, and have the right to file a private prosecution with the judicial organs. The requirements for private prosecutors are high, and the person who goes to the toilet should be the victim or legal representative of this case before getting married.
After the death of the victim, he loses his capacity to act, and his ability to identify is unable or restricted due to intimidation, and he cannot identify face to face due to old age, illness, blindness, deafness and other reasons. The legal representative and close relatives of the victim have the right to bring a lawsuit to the judicial organ.
There are clear defendants and specific claims.
The defendant in a toilet case must be a person who has been accused of infringing upon the legitimate rights and interests of others, which has constituted a crime and should be investigated for criminal responsibility. If the defendant is dead or missing, the admission cannot be established. The demands made by such people should be as clear, specific and reasonable as possible.
However, the scope of private prosecution cases belongs to cases that are handled only after being told, minor criminal cases with evidence, or cases in which public prosecution is transferred to private prosecution.
The victim has evidence to prove the burden of proof of the case that should not be borne by the private prosecutor, so as to point out the relevant evidence to prove his claims and claims.
Belong to the jurisdiction of the judicial organ complained of.
2 Beihai people have a certificate